Child Support - Wage Garnishment

Discussion in 'Soap Box' started by LowCog, Mar 19, 2013.

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  1. LowCog

    LowCog Member

    My biggest stumbling block has been, and will continue to be the 65% that is dedicated out of my paychecks.

    Being in and out of jail and prison for the last 12 years has put me in arrears in the tune of $80,000.

    So, I'm a "deadbeat dad", but can't live on less than $150 a week. The only other option for survival is to continue working under the table.
    Not one of my first options...

    Nothing i can do about it at this point. Just venting, i guess?
  2. Acy

    Acy Mama Bear - TLC, Common Sense Staff Member Safety & Support

    Hi, LowCog. Problems with support issues are tough. I wish you weren't facing these. Could you renegotiate the amount of the payments so you are left with a bit more? You would likely need a lawyer for that...Is legal aid (free/low cost lawyer) available to you?
  3. MoAnamCara

    MoAnamCara SF Artist

  4. LowCog

    LowCog Member

    That appears to be the correct according to the link that you posted...

    "TitleIII permits a greater amount of an employee wages to be garnished for child support, bankruptcy, or federal or state tax payments. Title III allows up to 50 percent of an employee's disposable earnings to be garnished for child support if the employee supporting a current spouse or child, who is not the subject of the support order, and up to 60 percent if the employee is not doing so. An additional five percent maybe garnished for support payments over 12 weeks in arrears."
    Last edited by a moderator: Mar 19, 2013
  5. Acy

    Acy Mama Bear - TLC, Common Sense Staff Member Safety & Support

    Hi, LowCog. Perhaps you need to speak with a lawyer. In my country, there is a formula for determining support payments (child or spousal support) that considers what you earn, how much you owe, what expenses you have, what expenses the child/spouse has. As you have noted, your laws seem to say they can take a certain percentage; however, a lawyer might be able to negotiate a better, more livable percentage for you.
  6. worlds edge

    worlds edge Well-Known Member

    Unfortunately I think LowCog's experience is far from unusual. His best option would probably be to approach his ex- and see if she is willing to move at all. After all, it sounds like she's getting nothing at present. Not an ideal situation, but I'd think something would be better than zero.

    Of course, she may not budge, and I suspect there's a chance she may not be able to do so, even if she was willing. The court very well may perceive something like this as contrary to the child's best interest. Which it might be if the spouse had lots of hidden assets or had shifted the putative ownership of stuff that could be attached (vehicles, etc.) from himself to other family members...but that doesn't seem to be the case here.

    Here in Massachusetts the absolute bottom figure for child support is $78/week, or so I was told at my divorce hearing. With the implication that that is a "hard" figure, pretty much non-negotiable. Not sure what the rules are in other jurisdictions, but I'll bet they're similar.
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